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Developer cleared to pursue takings claim related to wetland permitting

Shook Hardy & Bacon LLP
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USA
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January 25 2013

The Federal Circuit Court of Appeals has ruled that a developer may pursue a claim that the U.S. Army Corps of Engineers (Corps) took the developer's

EPA seeks comments on draft voluntary healthy indoor environment protocols

Shook Hardy & Bacon LLP
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USA
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November 19 2010

EPA is seeking comments on draft voluntary Healthy Indoor Environment Protocols for Home Energy Upgrades in conjunction with the availability of Department of Energy (DOE) Workforce Guidelines for Home Energy

Federal court orders immediate access for EPA despite property owner’s cleanup

Shook Hardy & Bacon LLP
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USA
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October 1 2010

A federal judge in Massachusetts has ordered defendant property owner to grant EPA immediate access to its property to conduct a removal action despite defendant's own remedial action

Fifth Circuit affirms denial of remediation cost claim from bankrupt company’s escrow account

Shook Hardy & Bacon LLP
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USA
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July 1 2011

The Fifth Circuit Court of Appeals has affirmed decisions of the bankruptcy court and a federal district court that the purchaser of a bankrupt company’s assets cannot recover the costs of environmental remediation from an escrow account established as part of the purchase agreement

EPA to assist communities in Sustainable Building Blocks Program

Shook Hardy & Bacon LLP
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USA
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February 11 2011

EPA announced February 3, 2011, that it will work with the U.S. Department of Housing and Urban Development and the U.S. Department of Transportation to help communities achieve “sustainable planning” through the Sustainable Communities Building Blocks Program

Condominium complex owner draws four-year sentence for asbestos work practice standards violations

Shook Hardy & Bacon LLP
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USA
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June 17 2011

The owner of a California condominium complex has reportedly been sentenced by a federal court to four years in prison for conspiring to violate Clean Air Act asbestos work practice standards

State community property law not enough to expose spouse to CERCLA liability

Shook Hardy & Bacon LLP
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USA
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June 24 2011

A federal court in California has ruled that the state’s community property law does not expose the spouse of the owneroperator of a facility to CERCLA liability

Real property assignee may not rescind sale due to later-discovered contamination

Shook Hardy & Bacon LLP
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USA
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May 20 2011

A federal court in New York has ruled that the assignee of an "as is" real estate purchase may not rescind the sale because of subsequently discovered contamination

Former company owner may be liable under state law for failing to report dumping by others

Shook Hardy & Bacon LLP
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USA
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April 1 2011

A federal court in New York has ruled that the former owner of a company that leased contaminated property may be liable under the New York Navigation Law for failing to report dumping by others or failing to take remedial action

Third Circuit upholds dismissal of hazardous-waste tort claims as time barred

Shook Hardy & Bacon LLP
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USA
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May 20 2011

The Third Circuit Court of Appeals has upheld the dismissal of nuisance, negligence and strict liability claims seeking damages for alleged diminution of property values, finding the action barred by the applicable statute of limitations